Opinion

Mary & Alice Ford Nursing Home Co. v. Fireman's Insurance of Newark

  • 86 A.D.2d 736
  • 446 N.Y.S.2d 599
  • 1982 N.Y. App. Div. LEXIS 15295
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 28, 1982
Status
Published
Author
Kane
On the bench
Kane
Cited by
37 cases
Authority
More cited than 1.3%

holding that there was no duty to indemnify, and thus no duty to defend, an intentional discrimination claim under a coverage provision comparable to Rosenberg’s “Coverage A”

How later courts described this case

  • holding that there was no duty to indemnify, and thus no duty to defend, an intentional discrimination claim under a coverage provision comparable to Rosenberg’s “Coverage A”
  • court rejected employee's claim that emotional injuries were unexpected consequences of an intended act
  • distinguishing unintended though foreseeable events such as occurred in Bagley from the intended results of an intentional act

Written by the judges who cited it.

The opinion

Kane, J.,

dissents and votes to affirm in the following memorandum. Kane, J. (dissenting). I believe that there should be a declaration that plaintiff is entitled to a defense under coverage B of its workers’ compensation and employer’s liability policy of insurance. This conclusion is based upon by reading of Miller v Continental Ins. Co. ( 40 NY2d 675 ). As pointed out by the majority, Miller instructs us that in construing the word “accident” in an insurance policy, we must reason from the point of view of the insured and in accordance with the understanding of the average man. I do not find it unreasonable to conclude that this employer, faced with defending the underlying action herein, would expect legal representation to be provided by the insurance company covering injuries alleged to have arisen out of employment with plaintiff. Defendant has not satisfactorily established that the claim herein rests within an exclusion of the policy to the extent that it is relieved of its heavy obligation to provide the insured with a defense (International Paper Co. v Continental Cas. Co., 35 NY2d 322 ). Accordingly, I would affirm the determination of Special Term insofar as it provides for such coverage.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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